Litigation

Litigation & Audits

Employment

If you own a business with employees, you need employment law representation. Employers are constantly dealing with employment related risks and challenges. From wage and hour compliance to labor investigations, the Koutsoudakis & Iakovou Law Group provides employers with the comprehensive representation and guidance they need to avoid negative employee relations and the representation they need when employment challenges do arise.

Employment Policies & Practices

Our New York employment policy attorneys work with employers in various industries to tailor policies and practices that address local, state, and federal employment regulations. With an extensive understanding of employment law, we work with you to craft procedures that are designed to prevent and resolve even the most problematic employee issues.

We provide employment policies and practices guidance regarding such issues as:

  • Hiring practices
  • Disciplinary procedures
  • Employment separation
  • Disability accommodations
  • Family and Medical Leave
  • Overtime
  • Harassment investigations
  • OSHA regulations
  • Wage and Hour compliance
  • Drug and alcohol testing policies
  • Reductions in workforce

The Koutsoudakis & Iakovou Law Group works closely with you to draft and review personnel policies and handbooks that address the complete range of employment-related concerns, so you can confidently manage your employees in compliance with the law.

Human Resources Counseling

Successful human resources requires continuous access to knowledgeable New York employment law counsel. Our attorneys work closely with our business clients to guide them through all of their human resource needs.

At the Koutsoudakis & Iakovou Law Group, we believe that it’s much more effective to guide business owners from the outset than to come in and fix problems later. That’s why we deliver comprehensive counsel on the prevention of employee complaints. Far too many disputes are all-together avoidable with the right legal counsel. Our lawyers provide your team with valuable advice that focuses on solutions – even before problems arise.

However, should you already find your company embroiled in a human resources dispute, you can rely on our attorneys to adequately assess the problem, identify all relevant legal issues, and craft a response that protects your business and investment. We guide you through all of your options, so you can make decisions that are best suited for continued success.

Wage & Hour Compliance

Wage and hour compliance can be the difference between maintaining a thriving business and having to close your doors. That’s why the attorneys of the Koutsoudakis & Iakovou Law Group stand ready to deliver extensive knowledge and experience regarding all aspects of wage and hour compliance. We help you avoid costly violations and claims by providing trustworthy advice about wage and hour requirements at each level of government.

With our guidance, you can create a compensation plan that is specific to your industry, legally compliant, and in line with your financial goals. You can also rely on our law firm to perform audits that proactively identify potential issues before they become troublesome legal challenges.

In this environment of extensive regulation and litigation, the successful business owner keeps wage and hour compliance at the forefront of their employee policies. With our top-notch New York wage and compliance attorneys, you receive the counsel you need to create compliant compensation plans.

Employment & Severance Agreements

Proper protection under an employment or severance agreement requires the inclusion of certain terms. For example, when determining the enforceability of a severance agreement, a court may consider the appropriateness of the severance pay amount or the obligations of each party under the agreement. This is why having a New York employment and severance agreement law firm on your side can make a significant difference in the enforcement of one of these crucial agreements.

Each employment or severance agreement requires individual consideration, because what’s appropriate for one set of circumstances may not be appropriate for your company’s specific situation. Our lawyers guide you through creation of these agreements, so you can feel confident that they are enforceable under law. We help you draft, negotiate, and enforce the terms, providing high-quality representation through every step of formation and execution.

Our employee and severance agreement counsel includes such issues as:

  • Terms of employment
  • Confidentiality requirements
  • Grounds for termination
  • Release of claims
  • Golden parachute
  • Restrictive covenants
  • Non-solicitation of clients
  • Noncompete clauses
  • Breach of employment agreements

 

Wage & Hour Litigation

Wage and hour litigation has skyrocketed over the last decade, creating an environment where businesses are at constant threat of collective and class actions. Further complicating matters, these cases often settle for amounts in excess of seven figures. At the Koutsoudakis & Iakovou Law Group, we know that this type of case can completely destroy a business owner’s hard work and investment. That’s why we arm ourselves with the most comprehensive and up-to-date knowledge about wage and labor laws at all levels of government.

We have successfully litigated a variety of complex wage and hour cases, regularly appearing before administrative agencies, as well as state and federal courts. Our lawyers routinely handle wage and hour cases involving:

  • Overtime and Minimum Wage
  • Misclassification of exempt employees
  • Misclassification of contractors
  • Salary vs. hourly compensation
  • Rest periods/ breaks
  • Tip pooling
  • Commissions and bonus pay

Our skilled New York wage and hour attorneys work closely with our clients to aggressively fight for their business interests and goals.

Federal and State Labor Department Investigations & Proceedings

It is extremely stressful to have government officials show up at the door to your business making demands, but with our attorneys by your side, you can feel confident that you are being provided with high-quality legal representation. We know how to take appropriate steps to limit the scope of the government’s investigation and minimize your company’s exposure. By adequately addressing the investigation early in the process, our lawyers diligently work to limit later costs and frustration.

If an investigation does result in accusations of monetary liability, our New York labor investigation lawyers work closely with you to evaluate your position and vigorously assert all relevant defenses. Many business owners do not realize what’s at stake when faced with a labor dispute, mistakenly believing that their LLC designation will shield them from personal liability. Unfortunately, many attorneys who claim to practice labor law are also misguided about this important issue.

At the Koutsoudakis & Iakovou Law Group, it is our duty and responsibility to accurately understand all aspects of labor law. We keep up with the changes and nuances of state, federal, and local labor law, so you are rightly informed about your personal and professional liability.

EEO Commission Investigations & Proceedings

Your response to an EEOC investigation may mean the difference between a discrete resolution of the accusations against your business and an extensive, costly process. After receiving a claim, the agency may investigate to determine whether or not to take further action in the matter. If they decide to not take further action, they may issue a “right to sue” letter, which allows the complainant to choose to file a lawsuit directly against your business as an employer.

When faced with an EEOC investigation, every aspect of your response is crucial, starting with your Statement of Position. Our lawyers work with you to craft a comprehensive and clear statement that supports your stated position. We also help you respond to the agency’s Requests for Information and prepare employees for witness interviews. With the attorneys of the Koutsoudakis & Iakovou Law Group by your side during the investigation phase, you can effectively work to present your side of the case.

If the accusations against your business do turn into a lawsuit, our skilled New York EEOC attorneys are your trusted resource for handling the EEOC proceeding. We understand what’s at stake for you and your business, so we employ all of our expertise to fight against these claims.

Even under the most ideal conditions, business disputes are inevitable – a vendor alleges breach of contract, or an employee makes a claim involving a human rights or minimum/overtime wage violations. New York business owners are constantly dealing with the legal challenges of running a successful business. But sometimes small differences evolve into high-stakes litigation. When that occurs, you need skilled business litigation attorneys who are not only ready to fight for your interests both in and out of court, but also understand the economics of your business.  Whether you are facing litigation involving a contract dispute, shareholders, human resource matters, or wage and hour issues, we are here to help with outside-the-box solutions, as well as cross-practice area and industry expertise. We know what it takes to prevail in state and federal court – and we stand ready to fight for you.  We treat our clients as if it were our own family in their shoes. Our mission is always to see businesses thrive, so our representation in any matter consistently involves big-picture strategies and sustainable long-term solutions. We are here for the long-run, not single-matter client relationships.

Collective & Class Action Defense

Collective and class actions have become standard in wage and hour matters. With a decade of experience handling these specific matters, our reputation with both plaintiff and defense attorneys, as well as Judges who we have regularly appeared before, provides us with a unique ability to handle such matters and limit the scope and applicability of such collective and class actions.  The law is not on the side of the business owner in the wage and hour context, so experience and creative solutions are necessary.

Whether you are faced with a class or collective action claim, the lawyers of Koutsoudakis & Iakovou Law Group have the knowledge and experience to defend your interests and pursue timely resolutions. We understand the high cost of collective and class action litigation. That’s why we aggressively pursue early negotiations, dismissals, and the defeat of class certification. Our skilled New York collective and class action defense lawyers also work to secure favorable settlements, which can be effectively used to prevent future claims and risks to your business and investments. But know that, when necessary and consistent with your goals, our team of attorneys have the skills, experience, and resolution to provide an uncompromising defense you can depend on within any court or forum.

Federal, State and City Audits & Investigations

The lawyers of Koutsoudakis & Iakovou Law Group handle cases at all levels of government, successfully defending businesses against claims involving violations of federal, state, and local laws. Our experience has provided us with an understanding about the differences in these tribunals and what is necessary to prevail in each. As such, our reputation goes a long way in dealing with the various governmental agencies.

  • US Department of Labor, Wage & Hour Division, Audits & Investigations

The Department of Labor is authorized under federal law to conduct inspections and bring enforcement proceedings against employers accused of wage and labor violations. These investigations often include extensive records audits and on-site inspections. Our law firm guides business leaders through the challenges of these investigations, assisting with preparation and management of business data throughout the process.

  • NYS Department of Labor, Labor Standards Division, Audits & Investigations

The state of New York can also initiate investigations into your business dealings, based on allegations of noncompliance with state laws and regulations. Our lawyers have years of experience representing owners’ interests when faced with these proceedings, providing the guidance you need to effectively handle these audits and investigations.

  • NYS Division on Human Rights Investigations & Proceedings

Investigations and proceedings initiated by the NYS Division on Human Rights can be challenging to traverse without guidance from a knowledge law firm.  Our attorneys have a thorough understanding of New York State laws and the strategies necessary to navigate these investigations and proceedings.

 

  • NYC Commission on Human Rights Investigations & Proceedings

Just as the state may institute investigations of your business, so may the city of New York under its own human rights policies and procedures. But whether your business is solely dealing with a local investigation, or working your way through state and local matters, our team of skilled defense attorneys can provide you with the guidance you need for the fight.

 

  • Equal Employment Opportunity Commission Investigations

The lawyers of Koutsoudakis & Iakovou Law Group have extensive experience assisting business clients with the collection of challenges presented by charges brought through the EEOC and the investigation that follows. Whether you are facing a claim of gender discrimination, sexual harassment, or another charge of federal law violations, our attorneys are ready and able to assist.

 

Alternative Dispute Resolution (Mediation & Arbitration)

Alternative Dispute Resolution (ADR) is a process for settling disputes without the significant cost and time of litigation. It is commonly used in commercial transactions to end conflicts in a much more affordable and expeditious manner, and is more recently utilized in the wage and hour and employment disputes context. In fact, in both the Eastern and Southern Districts of New York federal courts, wage actions brought under the FLSA are sent to mandatory mediation as part of the courts’ efforts to efficiently resolve such matters.  Because of its wide-spread use, companies are wise to have lawyers on their side who are familiar with the specific processes and rules of ADR.

At Koutsoudakis & Iakovou Law Group, we routinely handle ADR matters for our business clients. Whether your case involves mediation or arbitration, our attorneys have the skills to help your business prevail in an ADR proceeding. We handle every aspect of your ADR case, including:

  • Mediations
  • Mitigation strategies
  • Settlement negotiations
  • Arbitration preparations
  • Arbitration hearings
  • Arbitration Award Enforcement

Litigation is only one of the tools we use to resolve your business disputes. Our lawyers also have the specialized training and experience necessary to successfully navigate all of the ADR mechanisms to your favor.

Mechanics Liens Litigation

While the basic theory of a “mechanic’s lien” may seem relatively clear, the laws of New York include some intricacies that require the assistance of a knowledgeable New York mechanics lien litigation attorney. This area of law is constantly evolving, making it challenging to properly proceed without the right law firm on your side.

At Koutsoudakis & Iakovou Law Group, our lawyers understand the intricacies of mechanics lien litigation. We have handled numerous cases for businesses, contractors, and property owners throughout New York. With a firm construction law background, our firm is not only prepared to file mechanic’s liens, but also litigate them when necessary.

Commercial Litigation

When your business becomes involved in a legal dispute, you need strong legal counsel throughout every stage of the case. From the strategies of negotiation to a skilled defense in the courtroom, Koutsoudakis & Iakovou Law Group is the law firm to handle your most complex legal matters.  Our lawyers handle various commercial litigation cases, including those involving:

  • Contract disputes
  • Real estate matters
  • Employment concerns
  • Business formation agreements
  • Debt collection
  • Bankruptcy
  • Restructuring and Dissolution
  • Franchise agreement disputes
  • Lender disputes

Commercial Landlord/Tenant Litigation

Commercial leases are common transactions within the business world, with many companies finding it more feasible to lease properties than purchase them. But, as with any business transaction, there is always an opportunity for conflict. Whether based on disagreements about the terms of the lease or fixture disputes, our accomplished New York commercial leasing attorneys have the skills to assess the merits of the dispute and provide the type of guidance your business deserves. We represent landlords and tenants in various types of commercial leasing cases, including those involving:

  • Non-payment of rent
  • Lease negotiations
  • Evictions
  • Assignments and sublets
  • Lease renewal terms
  • Breach of contract claims